Click here for Agenda in PDF 


Zoning Adjustments Board
Thursday, December 11, 2008  -- 7:00 pm

City Council Chambers, 2134 Martin Luther King Junior Way.
Berkeley, CA  94704  (Wheelchair Accessible)

Public Testimony Guidelines

The Board Chair may limit the number of speakers and the length of time allowed to each speaker.  To speak at a public hearing, complete a speaker card and submit to Planning Staff (1) as early as possible at the meeting, or (2) at the Permit Service Center, 2120 Milvia Street, before 5:00 PM on the day of the hearing.  At the start of the meeting the Board may rearrange the agenda or place additional agendized items on the Consent Calendar, so it is important to submit speaker cards at the start of the meeting to avoid losing the chance to speak to an item.

The Board encourages the public to submit comments in writing or by email, in advance of the meeting.  See Correspondence and Notice of Decision Requests at the end of this Agenda for procedures.

Planning and Development Department, Land Use Division

Roll Call:

Public Comment
Each Speaker is limited to a maximum of three minutes.

Consent Calendar: 
The Consent Calendar allows the Board to take action with no discussion, on projects to which no one objects.  The Agenda includes three types of Consent Calendar items:  (1) Approval of previous meeting minutes; (2) Modifications of existing Use Permits (which have not been noticed for public hearings); (3) Items being continued to another meeting (Board action has been postponed to another meeting).  The Board Chairperson will announce items for the Consent Calendar at 7:05 p.m.  The Board may place additional Agendized items on the Consent Calendar, if no one present wishes to testify on an item.  Anyone present who wishes to speak on an item should raise his or her hand and advise the Chairperson, and the item will be pulled from the consent calendar.  Modification Projects may be discussed by the Board at this meeting or set for a public hearing at a later meeting.  Items already noticed for a public hearing will be heard following Continued Items, or, if necessary, posted for a public hearing at a subsequent meeting.

1.  Approval of Previous Meeting Minutes
Minutes from 11/13/08 ZAB Meeting
 Recommendation: Approve Minutes

2. 2949 College Avenue
Applicant: Vintage Berkeley, LLC; 2113 Vine Street; Berkeley, CA 94709
MODUP #08-70000021 to modify the conditions of approval of Use Permit (#08-10000069), that established a wine and beer retailer with daily on-site wine tasting in an existing 1,550 square foot retail space; (C-E, LMM)

3. 3020 San Pablo Avenue
Applicant: Yerba Buena Builders; 1000 Brannan Street, San Francisco
Modification #08-70000025 to modify approved plans to UP #06-10000118 to permit demolition of an existing quick-service restaurant to abate an attractive nuisance. (C-W, EJS)

Agenda Changes
The Board Chair may reorder the agenda at the beginning of the meeting.

Appeal of Administrative Use Permit/Staff Level Design Review: NONE
Appeals of Administrative Use Permit and Design Review applications are not subject to public hearing and no public testimony will be taken at this time.  The Board may set the matter for public hearing, or affirm the Zoning Officer’s or Design Review Secretary’s decision.

Continued Items (Public Hearing has been closed): NONE

Continued Public Hearings: 

4. 1911 Russell
Applicant: Guy Supawit, on the behalf of Wat Mongkolratanaram, 1911 Russell Street, Berkeley CA
Use Permit #07-10000040 to: 1) construct a 44' tall, 16’ by 24’ Buddha Sanctuary on a vacant, 5,232 square foot parcel abutting Oregon Street; 2) create nine off-street parking spaces on a vacant, 5,792 square foot parcel abutting MLK, Jr. Way, as an expansion of the existing Wat Mongkolratanaram, or Thai Temple, located at 1911 Russell Street AND,
Use Permit Modification #08-70000019 to modify Use Permit A2054 to: 1) expand the frequency of Sunday public food service from a total of 3 weekends per year to 52; 2) allow Sunday food consumption to occur from 10 am - 1 pm (with on-site food preparation to start after 8 am), 3) to allow 6- 10 accessory structures within the rear yard of 1911 Russell Street; and 4) continue daily worship, culture, language and dance classes and periodic Thai cultural events.  (R-2A, GP)

5. 1906-08 Shattuck 
Applicant: Steve Tipping, 1906 Shattuck Ave., Berkeley, 94704
Use Permit/Variance #08-10000067 to construct a 7,591 square foot, 3-story addition to an existing commercial building at 1906 Shattuck; retail or office use proposed on ground floor, office on upper floors; parking waiver of 15 spaces requested; (C-1, AS)

6. 2573 Virginia
Applicant: Zia and Farideh Sabetimani, 80 Poplar Street, Berkeley CA
Use Permit #08-10000038 to construct a new 2-story, approximately 1,580 square-foot main building with a 5-car garage and one dwelling unit, on a site with an existing two-story, approximately 3,000 square-foot, four-unit apartment building; (R-3H, LB

Compliance Determination:  NONE

New Hearings: 

7. 1326 Tenth
Applicant: Kava Massih Architects, 2830 Ninth St., Berkeley, 94710
Use Permit #07-10000149 to establish a quick service restaurant consisting of a new one-story, 777 square foot food service building and adjoining outdoor seating area where a retail nursery previously existed; two off-street parking spaces will be added; no alcohol service proposed (C-W, AS)

8. 1200 Ashby Avenue
Applicant: Ali Kashani, Citycentric Investments, 5715 Claremont Ave, Oakland, CA 94618
Use Permit #07-10000133 to construct a 5-story mixed use building with 98 residential condominium units, 7,770 square feet of ground-floor commercial space, and 114 parking spaces on a 34,210 square-foot lot. (C-W, AS)

Additional Agenda Items:
A. Information/Communication

B. Business Meeting
C. Chair’s Report
D. Current Business/Committee Appointment
E. Future Agenda Items
F. Other Matters
G. Adjourn

Correspondence and Notice of Decision Requests

Legal Notice Concerning Your Legal Rights
If you object to a decision by the Zoning Adjustments Board to approve or deny a permit or variance for a project, the following requirements and restrictions apply: